Accredited Family Law & Divorce Specialists In Eaglehawk North
We understand family law. Our Family and Divorce Lawyers Eaglehawk North have actually represented numerous family law clients throughout the years and act for mums, fathers, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all elements of family law, having specific knowledge in divorce, child custody and residential or commercial property division.
We are devoted to helping you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court process so that you get the very best possible outcome. If you are wanting to engage the services of a few of the best family legal representatives Eaglehawk North has to offer, then look no further. When engaging among our professionals, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Eaglehawk North, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marriage has actually broken down irretrievably.
Any application for Divorce is generally submitted in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship submits the application, or a joint application where both parties file the application together.
An application for Divorce is just readily available after a 12 month duration of separation. This 12 month separation duration is to be a continuous period and suggests more than physical separation where there is no possibility of reconciliation.
The application can be opposed in circumstances where the Court does not have jurisdiction to handle the matter or otherwise where the parties to the proceedings have actually not been separated for more than 12 months.
An application can still be made while the parties are living under the exact same roof or if one has actually provided the other with some household services. It may be hard to develop that separation has occurred in these circumstances and appropriately the Court will need proof in assistance of the application.
In addition to the requirements of a period of 12 months of separation, either you or your partner will need to be an Australia person by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, intend to reside in Eaglehawk North indefinitely or otherwise have the ability to supply evidence that you resided in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has been married for less than 2 years, the Court requires the parties to go to a counselling session with a view to reconciliation. There are exceptions to this requirement if there is a history of violence or abuse or where one party can not be located.
At a Divorce hearing, the Court will need to think about that proper arrangements have actually been produced any child of the marital relationship, or a child from another relationship, or a child who has or was adopted or who is dealt with as a member of that home, and under the age of 18.
Once a Divorce has been given the Divorce becomes reliable one month and one day after the Order has been made.
Once a Divorce has actually worked, there is only a 12 month duration in which to submit an application for property/financial and spousal maintenance. An extension to this period might be granted in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Eaglehawk North
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant person in a kid’s life.
Prior to the start of any Court procedures the parties are required to attend, take part and make a real effort in resolving any parenting problems at a household dispute resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If an agreement is reached the terms of that arrangement can be formalised through an Application for Authorization Orders. If no agreement can be reached, even more negotiations can be arranged with the assistance of solicitor, arbitrators and counsellors Eaglehawk North.
If no contract can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will need verification that the parties have attempted a conflict resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court should concern the very best interests of the child as the vital consideration.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
guaranteeing that the kids have the advantage of both of their parents having a meaningful involvement in their lives, to the maximum degree constant with the best interest of the child; and
protecting the children from physical and mental harm and from going through, or exposed to, abuse, disregard or family violence; and
ensuring that children receive appropriate and appropriate parenting to assist them accomplish their full potential; and
making sure that parents fulfil their tasks, and fulfill their responsibilities, concerning the care, well-being and advancement of their children.
There are other elements that the Court may consider in any particular circumstances.
Why Choose Our Family Lawyers Eaglehawk North VIC
We are passionate regarding offering a specialty Family Law service Eaglehawk North that welcomes you, understands you and shows you empathy in difficult times. Learn why you can be assured of our commitment to your legal requirements.